ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00012336
| Complainant | Respondent |
Anonymised Parties | A truck driver | A transport company |
Complaint(s):
Act | Complaint/Dispute Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under section 6 of the Payment of Wages Act, 1991 | CA-00015971-001 | 23/11/2017 |
Date of Adjudication Hearing: 06/03/2018
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015, this complaint was assigned to me by the Director General. I conducted a hearing on March 6th 2018 and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
The complainant was not represented at the hearing. The respondent did not attend.
Background:
The complainant commenced employment with the respondent on October 25th 2017 and worked for just two weeks, finishing on Friday, November 3rd. He worked for three days in the first week, and five days in the second week. His complaint is that he was not paid any wages for the five days that he worked from October 30th to November 3rd. |
Summary of Complainant’s Case:
The complainant submitted two payslips for the two weeks that he worked with the respondent. The first payslip, for the week ending Sunday, October 28th, shows that the complainant was paid €367.02 gross for working for three days. This would indicate that his daily rate was €122.36. His net pay was €360. The second payslip states that it is for the week ending November 18th, although the complainant said that he finished on November 3rd. This shows that his pay for this week is “€0.00” and the complainant said that he received zero. He said that he had no luck from his efforts to speak to the respondent to get paid what he was due for the second week of his employment. |
Summary of Respondent’s Case:
The respondent did not attend the hearing. |
Findings and Conclusions:
From the two payslips submitted in evidence, it is clear that the complainant was paid a total of €367.02 for his two weeks of employment with the respondent. His second payslip shows that his cumulative, “year-to-date” earnings on the week ending on November 18th 2017 were €367.02. It is evident therefore, that he was not paid any wages between the week ending on October 28th and the week ending on November 18th. I have to conclude that he has been left short of wages for one week. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
This complaint under Section 6 of the Payment of Wages Act 1991 is upheld and the respondent is to pay the complainant €611.80 gross in respect of five days’ wages from October 30th to November 3rd 2017. |
Dated: 28/08/2018
Workplace Relations Commission Adjudication Officer: Catherine Byrne
Key Words:
Non-payment of wages |